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CHIEF J. A. AKINNAWO MRS. MARGRET OSUNLETI V. CHIEF SAIBI ADEWOYE MR. YINKA ADEPETU MR. ADELOYE AKINSEMOLU (FOR THEMSELVES AND ON BEHALF OF DETEGBO/LASEUN FAMILY ONDO) MR. PAUL AKINOLA

(2014) JELR 53775 (CA)

Court of Appeal  •  CA/B/253/2001  •  24 Jun 2014  •  Nigeria

Coram
SOTONYE DENTON-WEST JCA (Presided) MOHAMMAD AMBI-USI DANJUMA JCA JAMES SHEHU ABIRIYI JCA (Read the Lead Judgment)

Appearances
Bode Awosunle Esq. - for the 1st Appellant. -*- Segun Isumede Esq. - for the 2nd Appellant. -*- Chief R. A. Adeyosoye - for the Respondents.

Judgement

ABIRIYI JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the High Court of Ondo State sitting at Ondo in suit No. HOD/116/93, delivered on 24 September 1996. The respondents in this court were the plaintiffs. The 1st appellant was the 1st defendant. The 2nd appellant was the 3rd defendant. The claim of the respondents against the appellants and others atthe lower court as contained in the amended statement of claim was for the following: (1) N25,000.00 (twenty-five thousand naira only), being general damages for trespass jointly and severally committed by the defendants on the plaintiffs’ Detegbo/Lasun family land, Esugbin along Robert Road (old Epe) Ondo, Ondo State of Nigeria, by destroying the plaintiffs’ family land. (2) Injunction restrainingthe defendants, their agents and/or servants, privies or assignees from committing any further acts of trespass complained of on the said plaintiffs’ Esugbin family land as shown on the survey plan attached to t…

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